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Home My WebLink AboutCity of Tamarac Resolution R-2001-108Temp. Reso. #9354 April 11, 2001 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT WITH TAMARAC HOTELS, INC., FOR THE COMFORT SUITES PROJECT, LOCATED AT THE 8300 BLOCK OF WEST COMMERCIAL BOULEVARD, TO PROVIDE PROPER ACCESS TO THE PROPERTY FOR MUNICIPAL SERVICES SUCH AS UTILITY, CANAL, FIRE AND POLICE PROTECTION, EMERGENCY AND OTHER PUBLIC SAFETY SERVICES; AUTHORIZING AND DIRECTING THE CITY CLERK TO RECORD SAID DOCUMENT IN THE PUBLIC RECORDS OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tamarac Hotels, Inc., is the Developer of the Comfort Suites Project located at the 8300 block of West Commercial Boulevard (a copy of which is attached hereto in map form as "Exhibit 1 "); and WHEREAS, a Blanket Public Safety Ingress/Egress Easement is required by City Code Section 24-580 (1)(3)(a), to provide proper access to private property for municipal services; and WHEREAS, Tamarac Hotels, Inc., has offered a Blanket Public Safety Ingress/Egress Easement to the City of Tamarac for the Comfort Suites Project; and Temp. Reso. #9354 April 11, 2001 2 WHEREAS, it is the recommendation of the Director of Utilities that the Blanket Public Safety Ingress/Egress Easement with Tamarac Hotels, Inc., be approved and executed for the Comfort Suites Project; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute a Blanket Public Safety Ingress/Egress Easement with Tamarac Hotels, Inc., for the Comfort Suites Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute a Blanket Public Safety Ingress/Egress Easement (a copy of which is attached hereto as "Exhibit 2") with Tamarac Hotels, Inc., for the Comfort Suites Project, located at the 8300 block of West Commercial Boulevard. SECTION 3: The City Clerk is hereby authorized and directed to record said document in the public records of Broward County. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #9354 April 11, 2001 3 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9th ay of M X, 2001. j� JOE SCHREIBER MAYOR ATTEST: r MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this REWLUTION as to form. MITCHELL S. KF CITY ATTORN RG/DTMlmg RECORD OF COMMISSION VOTE: MAYOR SCHREIBER C �✓� f' DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS L. c EXHIBIT 1 TEMP. RESO. # 9354 + W70 ST a abz 70 CT V1 U 'I �� awo✓ z 0 Q ) n r I Z q 'w x w °3 z 50 WOODMONT ¢ WOODMONT D✓ MIM COX o ca J 0D -i z �'" ¢ r 0 / z ¢ Jz o PLAZA o = a U a ¢ Cr w o a w w a w z 1 va w W COMMONS aD V) H L)U Uy Vl�` Yi H J3 McNAB ROAD W W W W W W W W CONCORD VILLAGE W WD❑IILANU LAKES W W W W r' W W W W W W W W W W V W W W W W W •V LA `�' W W W •.' W W W W v W W W W TS. W W W COL. W, SANDS P❑IN CLUB �� LAND , SEC. 9 '` W W W CANNpNGAre W W W W HOUSE W W W �v GQWNY W N. crR 4 VERSAILL_CS 1 �G'ARDE"NS W RAL W "' +L W\�\- LMS W W ❑L F W W W W `� CArWO W \� A • 1�� - ��- ` `��\� W V LLAS W W W W R❑KEST W S• COLONY CIR. APTS. W �1Ar^S W W W W W W W • VU W �. PARKW❑ W W W W W W W W W W W W W W W W W W W W W W W W W W W W WEDGES W W W W W `�W W W GOLF COURSE, W FAIRVIEW I7/� W W W W W W W W W 1 W W \� W W •.' W BOARDWALK APTS. r FAIRWAYS Q 61 ST 00 g ST (Y BOARDWALK APTS. 62 CT j1 PL 5 59 9 PL / y 1 g ��NNSSEE 7 W Q a 59 CT g ISLEST 59 CT ¢ a ; a (EDGE W TER) 61 ST J n u� MAINLANDS o J a 1 DD 59 ST °D UNIT 13 59 ST °D 1 QD a F 3 CL , j off cys OD OD WATERSIDE 60 ST 58 // 58 PL /j 58 P a PL w % j J 3 / MAI L NDS,� ¢ w / W w / �/� 58 CT ^� ¢ 1 1/ UN T I co 58 ~ /HEARTLANDS OF 58 ST m m f 7 Y �$ S f °D CT aMo TAMARAC /1 4 1 57 DR lk w MAINLANDS U T1 s'� ¢y111 Sg ST :57LN 7 RE HAVE L 57 PL 0.1 J °D ¢ 57 PL g 12 FAIRH VE cn J OD ao ¢ / cz) 7'' OD a m 1 a 8741-8767 57 CT 57 CT m OFC. BLDG 57 ST NW 57TH ST 'l ce SITE m LOCATION z CHEVRON aD QD T _ - - - COMMERCIAL- BLVD,- - _ - - C❑MFORT-SUI.DWG COMFORT SUITES BLANKET PUBLIC SAFETY INGRESS / EGRESS Exhibit 2 TAMARAC UTILITIES BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT PROJECT: Comfort Suites (NAME OF PROJECT) This BLANKET PUBLIC SAFETY INGRESS/EGRESS EASEMENT made this VA 7 day of by Tamarac Hotels Inc. having an address of 2201 N.Federal Hwy. Fort Lauderdale FL 33305 , (the "Grantor"), and the City of Tamarac, a Florida municipal corporation having an address at 7525 Northwest 88th Avenue, Tamarac, Florida 33321 (the Grantee"). WITNESSETH WHEREAS, Grantor is the fee simple owner of the real property described on Exhibit "A", attached hereto (the "Property"); and WHEREAS, Grantor desires to create a non-exclusive easement in favor of Grantee for ingress and egress over the property, as indicated on Exhibit "A", upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) paid to Grantor, the receipt and adequacy of which is hereby acknowledged, and for other good and valuable considerations, Grantor does hereby create, establish and grant this Blanket Ingress and Egress Easement to Grantee for the specific purpose of access by Grantee, for Grantee to provide municipal services to the above -described property such as services to existing utilities, maintenance to existing canals, fire protection, police protection, emergency and other public safety services. 981208 1 Blanket Public safety Ingress/Egress Easement It is acknowledged that Grantor, or its successors, intends to construct 80 Hotel Rooms ^_ and other improvements upon the above -described property, and nothing contained herein shall be deemed to prohibit or restrict Grantor or its successors from constructing any buildings or improvements upon the property, subject to the requirements of Grantee or any other controlling governmental authority, and upon the construction of any building and improvements upon such property, the easement created hereby shall be subject to such improvements as are constructed and shall be used by Grantee in a manner which is consistent with the buildings and improvements constructed upon the property and which, to the extent possible, will minimize interference with and will be compatible with the construction and use of said buildings and improvements. The provisions of this easement shall be binding on the parties hereto and the respective successors and assigns as a covenant running with and binding upon the servient estate. This easement shall not be released or altered without consent of the Grantee. 981208 2 Blanket Public safety Ingress/Egress Easement IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal on the day and year first above written. By: Type Name _DiliA Patel Corporate Secretary (Corporate Seal) STATE OF FLORIDA : SS COUNTY OF OJWx� : (GRANTOR) By: (P�C-4 Type Name Dilip Patel President I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of esaid and in the County aforesaid to take acknowledgments, personally appeared to me known to b�jhe person(s) described in and who executed the foregoing instrument and -�4q acknowledged before me and under oath that �AA—r executed the same. WITNESS my hand and official seal this XJ day of 00 �p1p1rC5'• Duna Personally known to me, or y ( ) Produced Identification (Name of Notary Public: Print, Stamp, or type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 3 Blanket Public Safety ingress/Egress Easement IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: - By: Marion Swenson, CIVIC City Clerk STATE OF FLORIDA :SS COUNTY OF PprotVVd I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared M1L1L-P— to me known, to be the person(s) described in and who executed the foregoing instrument and i&Ku acknowledged before me and under oath that 441, executed the same. ACCEPTED BY CITY OF TAMARAC GRANTEE By: Jop''86hreiber Mayor Date:_ (Jefferyill City Manager Date WITNESS my hand and official seal this 20 4/ . . *.1 .. • ■ • ■ ■ w AAAAAA AAI,AAAA .AA A'A�AAAAAAi 15 day of U912 NOTARY PUBLIC, S ate of Florida at Large 64� At LE6A114 eauws/1/ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath 981208 4 Blanket Public safety Ingress/Egress Easement AFFIDAVIT SHALL BE COMPLETED WHEN MORTGAGEE SIGNATURE IS NOT APPLICABLE 1, Di1i2Patel do hereby affirm that I am the President of Tamarac Hotels Inc, and that I have executed a Blanket Public Safety Ingress/Egress Easement with the City of Tamarac for Comfort suites project and that I am the owner of the property covered by said Blanket Public Safety Ingress/Egress Easement. There are no mortgages held on the property, which is the subject of said Blanket Public Safety Ingress/Egress Easement. FURTHER AFFIANT SAYETH NOT. (Si ature) This /i day of / ) STATE OF FLORIDA . SS COUNTY Ow I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State of esaid�ynVdithe County aforesaid to take acknowledgments, personally appeared /Z to me knowp,-to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that �L executed the same. ' WITNESS my hand and official seal this 4� day of " NORMAN PRICE MY COMMISSION # CC 946719 NOTA L , St to f Florida EXPIRES: June 15, 2004 BWdW �Nato PUW U at ge (Name of Notary Public: Print, Stamp, or type as Commissioned) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 981208 5 Blanket Public Safety Ingress/Egress Easement EXHIBIT "A" LEGAL DESCRIPTION: LOTS 4,5 AND 6, BLOCK 7, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 69, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS: THE SOUTH 7.00 FEET OF SAID LOTS 4,5 AND 6.